EPA v. PALMER, TOWN OF

Case summary

THE TOWN OF PALMER, MA, OWNS & OPERATES A 5.6 MGD (DE- SIGN FLOW) WASTEWATER TREATMENT PLANT, W/ASSOCIATED SEWER LINES & PUMPING STATIONS. THE SYSTEM SERVES THE TOWN OF PALMER, TOWN OF MONSON, & A SMALL PORTION OF THE TOWN OF BELCHERTOWN. PALMER IS AUTHORIZED UNDER NPDES PERMIT NO. MA0101168 TO DISCHARGE WASTEWATERS FROM ITS ADVANCED SECON- DARY TRMT PLT & 26 COMBINED SEWER OVERFLOWS, TO CHICOPEE, SWIFT, WARE, & QUABOAG RIVERS. THE PLT WAS DESIGNED TO AC- CEPT APPROX 20% OF ITS INFLUENT WASTEWATER FROM THE DIAMOND INTERNATIONAL PAPER CO., WHICH IS LOCATED IN PALMER. UPON ISSUANCE OF ITS NPDES PERMIT IN AUG 1979, PALMER WAS RE- QUIRED TO DEVELOP A PRETREATMENT PGM BY JANUARY 1, 1982, PUR SUANT TO 40 CFR PART 403.8(A), WHICH SETS FORTH REQUIREMENTS FOR POTWS TO CONTROL CONTRIBUTIONS OF POLLUTANTS FROM INDUS- TRIAL USERS. EPA ISSUED 2 ADMINISTRATIVE ORDERS TO PALMER, ON FEB 4, 1982 & NOV 7, 1983, BASED UPON VIOLATIONS OF THE PERMIT SCHEDULE FOR PGM DEVELOPMENT. ALTHOUGH A PRETRMT PGM WAS SUBMITTED ON MAY 14, 1984, THE PGM REMAINS UNAPPROVABLE TO DATE. THUS, THE TOWN IS CURRENTLY IN VIOLATION OF ITS REISSUED (JANUARY 24, 1985) NPDES PERMIT, WHICH REQ'D IMME- DIATE IMPLEMENTATION OF AN APPROVED PRETRMT PGM. THERE ARE CURRENTLY 4 SIGNIFICANT INDUSTRIAL USERS OF THE PALMER POTW. THEY ARE: PIONEER ENTERPRISES, A PUBLISH- ING FIRM DISCHARGING 35 GPD OF CN & AG BEARING WASTES FROM ITS PHOTOPROCESSING UNIT; CREATIVE CHEMICAL, A MANUFACTURER OF JANITORIAL CLEANING SUPPLIES DISCHARGING WASTEWATER FROM CLEANUP OPERATIONS; RATHBONE CORP, MECHANICAL PRODUCTS MANU- FACTURER DISCHARGING 50,000 GPD OF METAL-BEARING PROCESS WASTES; & DIAMOND INTERNATIONAL CORP, A PAPER MANUFACTURER DISCHARGING PROCESS WASTEWATER & THE MAJOR INDUSTRIAL CON- TRIBUTOR TO PALMER POTW. DIAMOND IS AUTHORIZED BY CONTRACT W/THE TOWN TO DISCHARGE 1.1 MGD WASTEWATER, BUT IS CURRENTLY DISCHARGING APPROX 0.38 MGD TO THE POTW, ABOUT 12% OF THE TOT AVG INFLUENT FLOW. PALMER PROPOSES IN ITS PRETRMT PGM TO CONTINUE TO REGU- LATE DIAMOND'S DISCHARGE UNDER THE EXISTING CONTRACT. THE RE MAINING INDUSTRIAL USERS WILL BE REGULATED UNDER A PERMIT PGM TO BE INCLUDED IN THE SEWER USE ORDINANCE. PALMER AS- SERTS THAT LESSER INDUSTRIES WILL BE ADEQUATELY CONTROLLED UNDER THE ORDINANCE, W/O PERMITS. THE COMMUNITY OF MONSON WAS NOT INCLUDED IN THE INDUSTRIAL USER SURVEY, ALTHOUGH ANALYSES IN THE PALMER'S PRETRMT PGM INDICATE THAT WASTEWA- TERS FROM MONSON DO CONTAIN SIGNIFICANT CONCENTRATIONS OF METALS. IN ADDN, OMEGA CORP, AN ELECTROPLATER THAT WAS RE- CENTLY THE SUBJ OF AN EPA LAWSUIT FOR VIOL'S OF THE CWA, HOPES TO TIE INTO PALMER POTW BECAUSE OF STRINGENT WATER QUALITY LIMITS ON ITS EXISTING DIRECT DSCHG. SUBSEQUENT TO SUBMISSION OF PALMER'S PRETRMT PGM TO EPA IN MAY 1984, EPA TRANSMITTED COMMENT LETTERS TO THE TOWN UN- DER AUTHORITY OF SECT 308, ON OCT 2, 1984, NOV 15, 1984, & JAN 15, 1985. ON 2/4/85, THE TOWN SUBMITTED AN INADEQUATE- RESPONSE TO EPA. ON FEB 4, 1985, THE TOWN SUBMITTED ANOTHER RESPONSE SATISFACTORILY ADDRESSING EPA'S TECHNICAL COMMENTS, ALTHOUGH THE LEGAL ASPECTS OF THE PGM REMAINED INADEQUATE. ON JUNE 19, 1985, EPA PUT PALMER ON NOTICE FOR VIOLA- TION OF ITS NPDES PERMIT & THAT IT WAS TO ADDRESS UNRESOLVED ISSUES BY JULY 12, 1985; OTHERWISE EPA WOULD PROCEED W/CIVIL REFERRAL. PALMER SENT EPA A LETTER ON JULY 12, BUT IT DID NOT ADDRESS THE MONSON I U SURVEY. A LETTER (8/3/85) FROM TOWN'S ATTY STATED THAT A LEGISLATIVE ACT WAS NECESSARY TO ENABLE PALMER TO ENFORCE AGAINST INDUSTRIES W/I MONSON THAT VIOLATE MONSON'S SEWER USE REGS. PALMER HAS NOT SUBMITTED FOR EPA REVIEW ANY PROPOSED LEGISLATION, NOR DID ITS 8/3/85 LETTER ADDRESS THE DEFICIENCIES OF THE DIAMOND CONTRACT. THEREFORE, THE REMAINING LEGAL ISSUES OF INTERMUNICIPAL AU- THORITY IN MONSON, & THE ENFORCEABI

Defendants (2)

• MASSACHUSETTS, COMMONWEALTH OFNamed in complaintNamed in settlement
• PALMER, TOWN OFNamed in complaintNamed in settlement

Facilities (2)

• PALMER WWTP

  NORBELL ST, THREE RIVERS, MA, 01080

  Registry ID: 110010402135

• PALMER WWTP

  NORBELL ST, THREE RIVERS, MA, 01080

  Registry ID: 110010402135

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• PALMER, TOWN OFentered 1990-01-29

  Primary law: CWA

  Federal penalty: $25,000

Timeline (8 milestones)

• 1985-08-16Referred To Headquarters
• 1985-09-11Referred To Dept Of Justice
• 1985-10-30Referred TO U.S. Attorney
• 1985-10-31Complaint Filed With Court
• 1990-01-29Final Order Lodged
• 1990-01-29Final Order Entered
• 1990-01-29Concluded
• 1990-06-12Enforcement Action Closed